What Is a Parenting Order in Alberta and What Does It Cover?

If you are separating, you may hear that you need a parenting order, or that you can simply sign an agreement. It helps to know what each one is and what it can do for you and your child.

This article explains in general terms what a parenting order contains in Alberta, who can apply for one, and how it compares with an agreement.

This article covers the law of Alberta.

What a parenting order is

Under the Divorce Act, on application by a spouse, the court may make an order providing for the exercise of parenting time or decision-making responsibility for a child of the marriage. Parenting time is the time a child spends in the care of a person, and decision-making responsibility is the responsibility for significant decisions about the child's well-being.

Under the Family Law Act, if guardians disagree after separation, either guardian can apply for a parenting order.

What it can cover

• A division of parenting time between the parents or guardians.
• Under the Divorce Act, decision-making responsibility can be allocated to either spouse, to both spouses, or to another person who is a party to the application, so it can be sole, joint or divided by subject.
• Specific responsibilities assigned to each person.
• A process for resolving future disputes.
• A direction to attend a family dispute resolution process under the Divorce Act.

Under the Divorce Act, unless the court orders otherwise, the person who has parenting time has exclusive authority to make day-to-day decisions affecting the child during that time. Also under the Divorce Act, unless the court orders otherwise, a person with parenting time or decision-making responsibility may request information about the child's well-being, such as health and education, from the other person who has it or from third parties.

Under the Divorce Act, the court must include a parenting plan submitted by the parties in a parenting order unless it is not in the child's best interests. How these points apply to a Family Law Act order depends on your situation, so it is worth confirming with a lawyer.

Who can apply, and under which law

You can apply for a Family Law Act parenting order if no divorce action has been started by you or the other guardian and the child lives in Alberta. You use Claim – Family Law Act, Affidavit of Service – Applicant, and either Statement – Parenting (to share responsibilities and decision-making) or Statement – Parenting (Sole Guardian). File at the same court and location where you have already been to court with the other party or started an action; otherwise you can file at any court in Alberta.

Once a divorce action has started, parenting is dealt with under the Divorce Act instead. Someone who is not a guardian, such as a grandparent, applies for a Contact Order, which does not give rights or responsibilities over the child.

Parenting order, agreement or consent order

How a parenting order made under the Divorce Act is changed depends on your situation, so it is worth confirming with a lawyer.

An agreement can work well when you both cooperate. To apply to enforce parenting time, you need a court order describing your parenting time. A person without a court order has no order to enforce and would first apply for a Contact Order, Custody and Access Order or Parenting Order.

Following and enforcing the order

Under the Divorce Act, parties must comply with an order until it is no longer in effect. If parenting time is denied under a Family Law Act order, you can apply to enforce it, using a Claim (CTS3459), Statement – Enforcement of Time with a Child (CTS3478) and Affidavit of Service (CTS3513), attaching the order and serving the other parent in person. The court can order remedies such as police help, make-up visits, security, payment of your expenses, a penalty of up to $100 per day of denied time, or jail.

What to do next

• Take the Parenting After Separation course, which is required before filing in the Court of King's Bench.
• Draft a parenting plan if you and the other parent can agree.
• If you are served with a Family Law Act application, respond within 20 days if served in Alberta, 1 month if served elsewhere in Canada, or 2 months if served outside Canada, unless the applicant agrees to more time.
• Keep a copy of every order and agreement.
• Speak with a lawyer before signing or filing.

Frequently asked questions